This membership contract was published on May 15, 2021. This membership contract is effective upon acceptance of the contract for new members and effective June 15, 2021 for all other members.
The previous membership contract was posted on March 1, 2021.
In this Membership Agreement:
• In the case of motorcycle and real estate projects, a bid or bargain is the initiation of a non-binding transaction, representing a solemn expression of interest by the buyer to purchase the item offered by the seller, but without any formal contract between the buyer and the seller.
• We do not transfer legal ownership of an item from the seller to the buyer.
• If you purchase any item on an easypaybuy site other than easypaybuy.com.hk, you must accept the terms of the membership agreement of that other easypaybuy site for the purchase of that item.
1. Buying and selling across borders: translation
Many of our services are available to international sellers and buyers. We offer several programs, tools, and website experience that are of particular interest to international sellers and buyers, such as local currency conversion estimates and tools for calculating international shipping costs. It is the seller's and buyer's responsibility to comply with all laws and regulations applicable to the international sale, purchase and delivery of items.
If you purchase an item on an easypaybuy site other than the site on which you are a registered member, you are subject to the membership contract and applicable policies of that other easypaybuy site for this particular purchase, as detailed in the Global Selling Policy, and subject to the laws of the country applicable to that other easypaybuy site.
If you are a seller, you agree that we may list your listings on easypaybuy sites other than the original listing site based on your shipping settings. You can adjust these settings as detailed in the Global Selling Policy. If you are listing an item with an international shipping option, we cannot guarantee that your listing will appear on an easypaybuy site other than the original listing site. If you sell items on an easypaybuy site other than the site on which you are a registered member, you are subject to that other easypaybuy site's membership contract and applicable policies (including any buyer protection programs) for this particular sale, details See Global Sales Policy.
2. Content
When you provide us with content, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable or sublicensable (via multiple) right to use any existing Exercising any and all copyright, publicity and database rights (but excluding any other rights) that you have in your Content on known or not yet known media. For the convenience of sellers, we provide a catalog of pre-stored images, descriptions and product specifications provided by service contractors (including those provided by easypaybuy members). You may only use catalog content for easypaybuy listings on the easypaybuy website. We endeavour to provide reliable information, but do not guarantee that the catalog will always be correct and up-to-date. You agree that the catalogue content provider shall not be held responsible for any errors in the catalogue. If you include catalogue content in your listing, you are responsible for verifying that the listing is accurate, free of any misleading information, and in compliance with this Membership Agreement and all easypaybuy policies. You agree not to remove any copyright, ownership or identification notices from the Catalog, or create any derivative works based on the content of the Catalog (include it in your listings)
3. Privacy
Without your express consent, we will not sell or rent your personal data to service providers for promotional purposes, and we will only use your data in accordance with the "Members Privacy Notice". We believe that protecting the privacy of our members is a very important community principle, and we use computers located in the United States to store and process your data, and use physical security measures and technical security devices to protect the data. You may review and amend the information you provide to us, and may log in to your account to opt out of certain notifications. We will use a third-party service contractor to confirm and certify our privacy notice. For a complete description of our use and protection of your personal data, please refer to the "Member Privacy Notice". If you do not agree with how we transfer and use your data, please do not use our services.
Privacy Rights of Others; Marketing
If easypaybuy provides you with information about another member, you agree to use that information only for the purposes for which it was provided to you. You may not disclose, sell, rent or distribute any member's information to third parties for purposes unrelated to the service. In addition, you may not use this information for marketing purposes or electronically or otherwise, unless you have obtained the consent of the particular member to do so. For more information on how easypaybuy handles personal data, please see the Member Privacy Notice.
4. Managed Payments
easypaybuy has launched a new Managed Payments service, whereby a designated easypaybuy entity (the "Payment Entity") manages payments (under the name "Managed Payments" or similar) on behalf of sellers.
Using the Managed Payments service will be a prerequisite for sellers to use the easypaybuy service. If your account is eligible for Managed Payments, easypaybuy will send you an email asking you to sign up for Managed Payments by a certain date.
When you receive this email notification, to continue listing and selling items on easypaybuy, you must:
• Provide payment entities with information about you and/or your business, including information relating to verification of identity, anti-money laundering monitoring and sanctions screening lists that we may require to meet relevant compliance requirements; and
• Pass such verification and sanctions screening lists and otherwise meet compliance requirements determined by the payment entity; and
• Provide bank account information.
If you receive this email notification but refuse to register and use the Managed Payments Service, easypaybuy reserves the right to place restrictions on your account, including but not limited to restricting new listings, restricting you from updating existing listings or closing listings.
also:
• Payment entities may obtain information about you from third parties for purposes of verifying your identity, complying with anti-money laundering and sanctions screening, and for other purposes related to administering payment services; and
• Payment entities may use third-party payment service providers to assist them in providing managed payment services, including processing payments, performing risk assessments (eg, credit institutions) or compliance checks, verifying identities, and validating payment methods. easypaybuy, payment entities and their affiliates may send your personal data and data associated with your account to such third parties.
Even if you do not provide all the requested information, the payment entity may, at its sole discretion, manage payments on your behalf, and the payment entity may withhold pending payments until the requested information is received.
For the complete terms governing the use of managed payment services by sellers, please refer to the "Payment Service Terms of Use" incorporated into this Membership Agreement. You agree to accept the Payment Services Terms of Use to the extent that the Payment Services Terms of Use apply to you, whether or not your account is enabled for Managed Payments Services.
The contract of sale for the purchase of an item is concluded directly between the seller and the buyer, the same as a transaction where no payment entity manages the payment.
If you're a buyer and you're buying from a seller who uses Managed Payments:
• You can pay for these items using those payment methods provided by the payment entity, which manages the settlement to the seller. When a buyer completes their purchase from a seller using Managed Payments, the buyer authorizes the payment entity to initiate payment and collect transaction funds on behalf of the seller using the payment method selected by the buyer. Buyer agrees and understands that once the relevant payment entity has received the payment from the buyer, the buyer's payment obligation to the seller equal to the amount of the payment is fulfilled.
• In some cases, your transactions may be subject to possible violations of any easypaybuy or payment entity policy or payment any policy of any third-party payment service provider of the entity) is refused, frozen or withheld.
• When you purchase an item, redeem a coupon, or perform any other transaction on the easypaybuy Service and enter your credit or debit card information, easypaybuy, the payment entity, or its affiliates may store the payment information you enter on the easypaybuy Service ( such as credit or debit card numbers and expiration dates for those cards). This stored payment information can be used as your default payment method when you transact on the easypaybuy service in the future. You can update your bank card information or enter new bank card information at any time, and the new bank card information will be stored as your default payment method. You can change your default payment method through the "Profile" section under the "Account" tab in "My easypaybuy". You are responsible for maintaining the accuracy of the information on file with easypaybuy and agree that easypaybuy will occasionally update such stored information based on information provided by you, your bank or other payment service provider. You will only provide easypaybuy with information about the payment methods you have access to.
• You can request an easypaybuy return or cancel the transaction or make a claim under the easypaybuy Money Back Guarantee, the same as a transaction without a payment entity managing the payment. For successful claims under easypaybuy's money-back guarantee and for returned or cancelled transactions, the paying entity will refund the amount paid if the original payment for the transaction in question was managed by the paying entity. Depending on the rules of third parties (such as credit and debit card networks), the timing of refunds may vary.
• You agree to comply with all applicable laws, regulations, rules and terms and conditions related to using Managed Payments and not cause third parties to violate any such laws, regulations, rules and terms and conditions. You understand that certain third parties (such as credit and debit card issuers, credit and debit card networks, and payment service providers) may have their own terms and conditions for the payment or settlement methods you choose to manage your payment transactions. . Failure to comply with third party terms and conditions may result in you being charged (for example, your credit card issuer may charge you a currency conversion fee if the transaction currency is different from your credit card currency) or cause such third party to take other actions. You agree that such fees or actions are not under the control of, and are not responsible for, the Payment Entity.
5. Limitation of Liability
We do our best to maintain the safety, security and proper functioning of our services, but we cannot guarantee that the operation or access to our services will continue. Bid updates and other notification features available in easypaybuy's app may not be available in real time. Such functionality may be subject to delays beyond easypaybuy's control.
You agree that your use of our services is at your own risk and that such services are provided to you on an "as is" and "as available" basis. Therefore, to the extent permitted by law, we exclude all warranties, terms and conditions, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
In addition, to the extent permitted by applicable law, we (including our parent companies, subsidiaries and affiliates, and our and their respective officers, directors, agents and employees) are responsible, directly or indirectly, for any of the following We will not be liable for any damages or losses (including but not limited to loss of money, goodwill or reputation, loss of profits or other intangible losses or any special, indirect or consequential damages) and you agree not to hold us liable for:
• your use or inability to use our services;
• Pricing, shipping or other guidance provided by easypaybuy;
• any delay or disruption to our services;
• any virus or other malicious software obtained by accessing or connecting to our Services;
• any defects, bugs, errors or inaccuracies in our services;
• Damage to your hardware device as a result of using any easypaybuy service;
• the content, acts or omissions of any third party, including the destruction of articles published or allegedly counterfeit articles using our Services;
• Suspension or other action against your account or the violations described in the "Abuse of easypaybuy" section above;
• the time or form in which your listing appears in search results as described in the "Conditions for Listing" section above; or
• Your need to change your business practices, content or conduct or your business loss or inability to operate as a result of any changes to this Membership Agreement or our policies.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR THE EXCLUSION OF DAMAGES, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Notwithstanding the provisions of the preceding paragraphs, if we are found liable, our liability to you or any third party shall be limited to the higher of: (a) the amount of the costs in dispute, up to the The total amount of fees you paid to us in the 12 months prior to the conduct giving rise to the relevant liability or (b) HK$800.
6. Disclaimer
In the event of a dispute between you and one or more members, you waive any claim to us (and our officers, directors, agents, subsidiaries, joint ventures and employees) of any kind and nature, known or unknown, or Any claims, demands and damages (actual and consequential damages) in connection with such disputes.
7. Access and Interference
Our website contains automatic program exclusion headers, most of the information on the website is updated in real time, and belongs to easypaybuy or is licensed to easypaybuy by members or service providers. You agree that you will not use any robot software, spider software, routine or automatic device to access the website for any purpose without our written consent.
In addition, you agree to the following:
• not take any action that would cause or could impose (in our sole discretion) an unreasonable or excessive load on our infrastructure;
• not reproduce, reproduce, alter or publicly display any content on the easypaybuy site or create derivative works (other than your material) without the prior written consent of easypaybuy or an appropriate third party;
• not interfere or attempt to interfere with the proper functioning of the easypaybuy website or any activity taking place on the easypaybuy website; or
• Will not use any means to circumvent our computer program exclusion headers or other measures to prevent or restrict access to the website.
8. No agency relationship
This contract does not imply or create any agency, partnership, joint venture, employment or franchise licensor-licensee relationship.
9. Notice
Unless expressly stated otherwise, any legal notice shall be sent by registered mail to easypaybuy Marketplaces GmbH, forwarded by easypaybuy Inc., Legal Department, 2065 Hamilton Ave., San Jose, CA 95125 (Ref: easypaybuy.com.hk) ( notice to easypaybuy), or to the email address you provided to easypaybuy during the registration process (notice to you). Unless the sender of the email is notified that the email address is invalid, notice shall be deemed to be given 24 hours after the email is sent, or we may send legal notices by letter to the address you provided during the registration process ; in this case, unless otherwise required by law, notice shall be deemed to be given 3 days after the posting of such mail.